LAWS(ORI)-2023-7-63

KAMLESH TIWARI Vs. STATE OF ODISHA

Decided On July 14, 2023
KAMLESH TIWARI Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

(2.) This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Keonjhar Sadar P.S. Case No. 426 of 2022 corresponding to S.T. Case No. 19 of 2023 pending in the file of learned District and Sessions Judge, Keonjhar for commission of offence punishable under Sec. 302 of the IPC on the allegation of committing murder of Ram Naresh Sahu.

(3.) In the course of hearing of the bail application, Mr. P.S.Das, learned counsel for the petitioner submits that there is no direct evidence available against the petitioner, but the only circumstance that is available against the petitioner is his confession before the police which is admissible in the eye of law and the petitioner has already been detained in custody since long. It is further submitted by him that the petitioner has been falsely implicated in this case and the so called circumstance raised against the petitioner by the police appears to be unreliable and the same cannot be acted upon to find out any prima facie case against the petitioner. On these grounds, Mr.P.S.Das prays to grant bail to the present petitioner.